Moore v. City of Desloge, Mo.
2011 U.S. App. LEXIS 15542
| 8th Cir. | 2011Background
- Moore, a chronically ill, disabled individual, and Theresa were married; assets included real estate, cash, and valuable collections prior to their 2005 divorce.
- In 2004, during a police encounter prompted by Theresa and Jason, Moore was located in an apartment; police seized firearms, 608 oxycodone pills, cash, and other personal property.
- Moore was arrested and charged in state court with possession of a controlled substance with intent to distribute; a Missouri trial court later suppressed the oxycontin evidence and the state case was dismissed on appeal.
- Theresa and Jason allegedly conspired to undermine Moore in the divorce and allegedly provided false information to police resulting in charges against Moore.
- Moore filed a civil rights action under 42 U.S.C. § 1983 and § 1985 against Theresa, Jason, the City of Desloge, Officer Malady, Chief Bullock, and unidentified defendants.
- The district court dismissed claims against Theresa and Jason, and granted summary judgment to the police defendants, relying on collateral estoppel and other theories; Moore appeals only as to the city, Malady, and Bullock.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether collateral estoppel bars Moore's claims against Malady | Moore contends the state court suppression and dismissal estop Malady. | The district court correctly treated privity and opportunity to litigate; officer not a party to prior judgment. | Collateral estoppel does not bind. |
| Whether the arrest was valid under a warrant/arrest or Terry stop | District court erred by treating warrantless seizure as warrant-based arrest rather than Terry stop. | Warrant admissible; even if inadmissible, Terry analysis shows reasonable suspicion existed. | Warrant properly admitted; in any event, Terry analysis supports validity. |
| Whether Moore can pursue § 1983 claims against the City and Chief Bullock for training/supervision | Failure to train/supervise caused Moore's injuries; municipal liability established. | Plaintiff must prove underlying constitutional violation by official; none established here. | No municipal liability; underlying claim failed. |
Key Cases Cited
- Green v. Fred Weber, Inc., 254 S.W.3d 874 (Mo. 2008) (limits offensive collateral estoppel to privity and fairness concerns)
- Duncan v. Clements, 744 F.2d 48 (8th Cir. 1984) (full and fair opportunity to litigate requirement for collateral estoppel)
- Anderson v. Creighton, 483 U.S. 635 (1987) (objective reasonableness standard for official actions; collective knowledge doctrine)
- United States v. Stratton, 453 F.2d 36 (8th Cir. 1972) (collective knowledge rule in probable cause assessment)
- Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity framework; not all wrong guesses are actionable)